Quizes

STUDY

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Law is a body of enforceable rules governing relationships among individuals and between individuals and their society

True

Common law is a term for law that is common throughout the world

False (page 10)

Courts do not depart from precedents

False (page 11)

Stare Decisis is a doctrine obligating judges to follow precedents established within their jurisdictions

True

Damages is the usual remedy of the law

False (page 12)

In most states, a court can grant legal remedies or equitable remedies, but not both in the same case

false (page 13)

Statutory law includes both federal and state statutes

True

A substantive law establishes methods for enforcing rights

False (page 14)

"Law" does not-govern relationships among individuals-govern relationships between citizens and their governments-include rules of conduct prescribed by private org. to govern their members-include rules of conduct prescribed by the controlling authority of a society

C

Common Law rules develop from-statutes enacted by Congress and the state legislatures-regulations issued by admin agencies-decisions of the courts in legal disputes-uniform laws drafted by legal scholars-

C

The doctrine of stare decisis-applies to decisions of the US Supreme court-prevents a court from reversing a rule it established at an earlier date-prevents different states from following different precedents once one state has established a rule of law-none

B

Applying the relevant rule of law to the facts of a case normally requires finding previously decided cases that, in reaction to the case under consideration, are-as different as possible-as similar as possible-identical-at odds

B

When there is a case with no binding precedent, a court-can postpone deciding the case indefinitely-can postpone deciding the case until there is precedent-can refuse to decide the case-cannot refuse to decide the case

D

In most states, most courts may-grant equitable relief only-grant legal remedies only-grant either equitable or legal remedies-do not grant either

C

In a court of equity, the doctrine that will bar a lawsuit if it is not filed within a proper time is known as-equitable limitations-equitable maxims-laches-limitation de baris

C

Legislation is a synonym for-admin law-case law-state decisis-statutory law

D

If the constitution of a state conflicts with the US constitution-the state takes precedence-the US Con takes precedence-they are considered together to reach a compromise-the conflict renders both void

B

Admin law consists of-all law that affects a business's operation-rules, orders, and decisions of govt agencies-ordinances enacted by local legislative bodies-statutes enacted by state legislatures

The term civil law refers to-case law-codified law-federal law, as opposed to state law-law that provides for societal order

B

Congress may regulate any activity, interstate or intrastate, that substantially affects interstate commerce

True

In Case 2.1, Hearth of Atlanta Motel v US, the US Supreme Court held that the power of Congress to regulate interstate commerce did not permit the enactment of legislation that could halt local discriminatory practices

False

State police powers relate solely to criminal law enforcement

False

The supremacy clause of the Const. provides that the state law is invalid when it directly conflicts with a federal law

True

The BoR protects individuals against various types of interference by the fed. govt., but none of these protections apply to the state

False

The states retain all powers not specifically delegated to the national govt.

True

The 1st Amend. does not protect symbolic speech

False

Commercial speech is protected as extensively as noncommercial speech by the 1st amend.

False

Political speech that would otherwise be protected by the 1st amend. loses that protection if its source is a corp.

False

There is a specific guarantee of a right to privacy in the const.

False

Consumer Products, Inc. distributes its merchandise on an interstate basis to local stores. Under the commerce clause, Congress has the power to regulate-every commercial enterprise in the US-only commercial activities that are in interstate commerce-only commercial activities that are local-only activities that have nothing to do with commerce

A (page 37)

States may regulate private activities to protect or promote the public order, health, safety, and general welfare under their-police powers-taxing powers-spending powers-none

A

A state regulation that impinges on interstate commerce will be -always struck down-always upheld-balanced in terms of the state's interest in its merit and purpose against the burden places on interstate commerce-balanced in terms of the burden on the state against the merit and purpose of interstate commerce

C

When there is a direct conflict between a federal law and a state law-both laws are rendered invalid-both laws govern concurrently-the fed law takes precedence-the state law takes precedence

C

Most of the rights in the BoR apply to the state under-the commerce clause-the due process clause of the 5th amend-the due process clause of the 14th amendthe equal protection clause of the 14th amend

C

The BoR embodies a series of protections for the individual against various types of interference by-the fed govt-business entities-private individuals-all

A

A restriction on commercial speech will be considered valid as long as it-seeks to implement a substantial govt interest-directly advances a substantial govt interest-goes no further than necessary to accomplish its objective-all

Procedural due process focuses on-procedures used in making decisions to take life, liberty, or property-the content of law-how similar the treatment of similarly situated individuals is-all

A

When a law limits the liberty of all persons to do something, it may violate-procedural due process-substantive due process-equal protection-none

B

Generally, a state court can exercise juris.over anyone within the boundaries of the state

True

A long arm statute is a state law that permits courts to obtain juris. over nonres. defendants

True

Before a state court can exercise juris. over a nonres., it must be shown that he or she has had minimum contacts with the state

True

A state court cannot exercise juris. over all of the property located within the boundaries of the state

False

For purposes of diversity of citizenship, a corp. is a citizen only of the state in which it is inc.ed

False (page 68)

The juris. of state courts of appeals is substantially limited to hearing appeals

True

The US supreme Ct has appellate authority over all cases decided in the state courts

False

A summary judgment will be granted when there are no genuine issues of fact in a trial and the only question is one of law

True

After a decision has been rendered in a case, only the "losing" party may file an appeal

False

An arbitrator's mistake in finding a fact or a conclusion of law is normally the basis for setting aside an award

False

Adam is a resident of Colorado. While driving through Wyoming, Adam is in an accident with Ethel, a res of WY. Ethel files a suit against Adam in WY. Reguarding Adam, WY-can exercise diversity juris.-can exercise in personam juris.-can exercise in rem juris-cannot exercise juris

B (page 64)

Paula, a res of CA, owns a farm in Iowa. A dispute arises over the ownership of the farm with Don, a res of NV. Don files a suit against Paula in Iowa, Io-can exercise diversity juris.-can exercise in personam juris.-can exercise in rem juris-cannot exercise juris

C (page 67)

Kidtoys inc. sells a toy truck with a dangerous defect. Phil buys the truck for his son but discoveres the defect before the child is injured. Phil files a suit against Kidtoys. Kidtoys could ask for dismissal of the suit on the basis Phil does not have-juris.-standing-sufficient minimum contacts-venue

B

Sam files a suit against Laura. The doc. that informs Laura that she is required to respond is-the answer-the complaint-the service of process-the summons

D (page 78)

Sid files a suit against Tina. Before going to trial, the parties meet with their attys to rep. them to try to resolve their dispute. A 3rd party assists in reaching an agreement. This is-arbitration-litigation-mediation-negotiation

C (page 88)

Mike files a suit against Kay. before going to trial, the parties meet with their attys to rep them, to present their dispute to a 3rd party (other than court) who renders a legally binding decision. This is-arbitration-litigation-mediation-negotiation

A

When a dispute arises between Jill and Arthur, they informally submit the dispute to arbitration. Jill soon changes her mind and files suit against Arthur. Under normal circumstances, the court would-compel Jill to arbitration-hear the suit and then compel Jill to arbitrate-hear the suit w/o compelling Jill to arbitrate-order relief w/0 hearing the suit or compelling Jill to arbitrate

A (page 90)

Bob files a suit in a fed district ct against Nora. Nora loses the suit, appeals to a US ct of appeals and loses again. Nora asks the US supreme ct to hear the case. The ct is-required to hear the case because it comes from fed ct-required to hear the case because it is an appeal-required to hear the case because Nora lost in the lower ct-not required to hear the case

D

The Alabama Supreme Ct rules against Jerry in his case against Carla. jerry files an appeal with the US Supreme Ct. The Ct does not hear the case. This-is a decision on the merits and has value as a precedent-indicates agreement with the lower court's opinion-means that the decision of the Alabama S. Ct. will remain the law in Alabama-all

C

Eve files a suit against Jack. the doc. that sets out the ground for the court's juris., the basis for Eve's case, and the relief that Eve seeks is-the answer-the complaint-the service of process-the summons

B (page 77)

Tort law provides legal remedies for both personal injury and property damage

True

A finding by a court that a defendant committed a tort will sometimes result in a prison sentence

False

To commit an intentional tort, a person must act with a evil or harmful motive

False

A battery occurs only if the victim suffers actual physical harm

False

Slander involves the oral comm. of defamatory language

True

To commit the tort of trespass to land, a person must actually harm the land

False

Conversion in any act that deprives an owner of personal property w/o that owner's permission and w/o just cause and that places the property in the service of the trespasser or other person.

True

Landowners are expected to exercise reasonable care to protect from harm persons coming onto their property

True

If no harm or injury results from an allegedly negligent act, there is no tort

Tort

Strict liability is liability without fault

True

Mark intentionally pushes Don. Don falls to the ground and breaks his arm. Mark is liable for the injury-only if Mark did not intend to break Don's arm-only if Mark had a bad motive for pushing don-only if Mark intended to break Don's arm-if Mark intended to push Don

D

Kate believes that george is about to hit her. To prevent harmful contact in dangerous situations, a person may use-any force-any force, except force that is likely to cause death-whatever force is reasonably necessary-no force

C

To commit and assault, a person must act in a manner that-creates an apprehension or fear of future harm-results in physical injury to the victim-threatens contact some people might want to avoid-none

D

Consent may constitute a defense to-assault only-battery only-assault or battery-none

Actual malice must be demonstrated for recovery of damages in an action for defamation brought by-a public figure only-a private individual only-both-none

A

RP Properties owns an apt. building. RP must use reasonable care to ensure that the tenants are not injured-in common stairway-in each occupied apt-in each vacant apt-all

A

Ron, a driver for a Truck Co. causes a 5 car accident on an interstate hwy. Ron and the truck co are liable to-all those who are injured-only those whose injuries could reasonably have been foreseen-only those whose cars were immediately ahead and behind Ron's-no one

B

A state statute requires the owners of amusement parks to maintain their equipment in specific condition for the protection of their patrons. Mel, who owns one fails to maintain the equip. as required and sid, a patron, is injured. Mel's violation of the statute may be held to constitute-res ipsa loquitur-negligence per se-a dram shop act-none

B

Ace Movers uses dynamite to prepare land for hwy projects. Strict liability is imposed on this activity because-Ace is a corp.-the activity is inherently negligent-the activity is of a dangerous nature-the govt pays for hwy construction

C

Criminal defendants may be prosecuted by the persons who suffer harm as well as by the state

False

A person could not be convicted of theft if the individual did not know that he or she was taking the property of someone else

True

The use of force or intimidation is not necessary for an act of theft to be considered a robbery

False

The crime of forgery may only be committed by signing w/o authorization the name of a person to the back of a check made out to that person

False

The recipient of stolen goods who does not know the identity of the owner or the thief has a defense to criminal liability

False

The unauthorized use of computer data or services is generally considered larceny

True

The crime of bribery is committed only if the recipient agrees to perform whatever action is desired by the person offering the bribe.

False

In most courts, a person is not responsible for criminal conduct if, at the time of the conduct, as a result of a mental defect, the person lacked substantial capacity either to appreciate the wrongfulness of the act or to conform the conduct to the law

True

A suspect who is never informed of her right to remain silent could nevertheless have her confession considered as evidence against her

True

Voluntary intoxication may never serve as a defense for crimes

False

To find criminal liability, most crimes require-the performance of a prohibited act-a specified state of mind, or intent-a and b-none

C

Tom causes a disturbance at Steak House. He is arrested and charges with disorderly conduct, a misdemeanor. A misdemeanor is punishable by death or imprisonment up to-1 year-5-10-none

D

Picking pockets may be distinguished from robbery by the fact that it-usually does not involve the use of a weapon-is not usually noticed by the victim-involves large amounts of money-none

B

Changing trademarks is an example of-larceny-embezzlement-forgery-robbery

C

A mistake of fact, as opposed to a mistake of law, will operate as a defense to criminal liability if the mistake of fact excuses-the criminal act-the criminal intent-any civil liability-band c

B

The crime of bribery occurs when-the bribe is offered-the bribe is accepted-the favor for which the bribe is given is performed-none

A

The use of deadly force will generally be permitted when it is used to prevent-the theft of valuable property-imminent death of great bodily harm-breaking and entering into a dwelling-none

B

According to the exclusionary rule-persons who have biases that would prevent them from fairly deciding a case may be excluded from the jury-certain business records may be protected from subpoena by the govt-illegally obtained evidence must be excluded from consideration in trial-certain parties to a criminal action may be excluded from trial

C

The defense of duress may be raised if the threatened harm-involves personal disgrace-is greater than the harm that will result from the crime-might manifest itself in the near future-is directed at one who was an accomplice in a different crime

B

A thief may be liable for larceny if he or she steals-computer time-trade secrets-the use of telephone wire-all